A catastrophic injury will have a permanent, debilitating effect on a person’s life. In fact, by their very definition, a catastrophic injury is one that will never heal and that leaves an individual with a permanent disabling condition.
If you were catastrophically injured, you may be able to demand compensation for not just your losses up to the date of the claim, but also for your estimated losses going forward. Unfortunately, this can greatly complicate a case and may require you to work with economists and doctors to properly calculate damages.
A Bronx catastrophic injury lawyer could work with you to gather evidence of defendant fault, calculate the full impact of the incident, and pursue compensation in settlement talks and in court. Working with a dedicated injury attorney may be able to give you the best chance of getting the compensation you are entitled to.
Proving Defendant Fault in a Catastrophic Injury Case
Catastrophic injuries can result from any incident that could give rise to a common injury claim. To collect compensation in any personal injury case based on an accident, a plaintiff must demonstrate that the defendant was negligent. The law in New York says that a person or entity is responsible for their actions if they were negligent and that lack of care caused an injury.
To accomplish this, a person must prove that the defendant owed them a duty of care. This can include cases involving car accidents, property owners who must protect invited visitors, or even doctors who take patients into their care. In all of these situations, one party must protect the safety of the other. The plaintiff must then show that the defendant failed in this responsibility and that this failure caused the injury.
The fact that an injury is catastrophic has little to do with the case. However, a catastrophic injury case could demand payments far exceeding those for a typical personal injury. Still, the injured party needs only to prove that the defendant was at fault.
In addition, a plaintiff needs to pursue their claim within the time limits imposed by the court. According to New York Civ. Prac. Law & Rules §214, catastrophic injury cases must begin no more than three years from the date of the injury. A Bronx catastrophic injury attorney could help make sure a claim is filed within the time limits.
What Makes an Injury Catastrophic in The Bronx?
A catastrophic injury is one that will never heal. In addition, it will permanently affect a person’s physical or mental function. Common examples of catastrophic injuries include:
- Third-degree burns
- Spinal cord injuries that result in paralysis
- Brain injuries that affect cognitive function
- Blindness or deafness
A claim for a catastrophic injury could demand compensation for not just the medical bills associated with treating the condition up to the present day but also estimated medical bills for the future. Since a catastrophic injury will have a permanent effect, these payments may need to last for dozens of years. In addition, a catastrophic injury may limit a person’s ability to work. A claim could also demand payments for all lost potential future income. A Bronx catastrophic injury lawyer could help a claimant evaluate their injuries and demand appropriate compensation.
A Bronx Catastrophic Injury Attorney Could Help
Catastrophic injuries are the most severe versions of personal injuries that a person may endure but survive. These can include losses of limbs, losses of cognitive function, and paralysis. As a result, the damage packages following these incidents must demand payment for all past and future losses.
No matter whether the incident was the result of an accident or an intentional crime, an injured person has the right to demand payment from an at-fault defendant. A Bronx catastrophic injury lawyer could help you gather evidence of defendant fault, take the lead in settlement negotiations, and pursue payments at trial. Contact an attorney today to discuss your claim.